People ex rel. Pendleton v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWitmer, J.
The Superintendent of the Attica Correctional Facility appeals from a judgment of Wyoming County Court granting relator’s petition for a writ of habeas corpus and directing appellant to discharge him from custody, on the ground that relator’s retrial and conviction after our reversal *196of the trial order of dismissal violated his constitutional right not to be subjected to double jeopardy.
Appellant contends that (1) habeas corpus is not the proper remedy where an appeal from the judgment of conviction is pending; (2) relator waived the defense of double jeopardy by failing to raise it until…
2Cases cited33 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Tollett v. HendersonSupreme Court of the United States · 1973
- Estelle v. WilliamsSupreme Court of the United States · 1976
- Blackledge v. PerrySupreme Court of the United States · 1974
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3Cited by10 opinions
- Petrucelli v. SmithDistrict Court, W.D. New York · 1982
- People ex rel. Barnes v. SmithAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Gist v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1982
- Dale v. BurnsAppellate Division of the Supreme Court of the State of New York · 2013
- Foster v. MurphyDistrict Court, S.D. New York · 1988
5 more not listed; retrieve them via the Exa API.